How Do You Choose A Surrogacy Agency?

How do you choose a surrogacy agency?

There are a few things to consider when choosing a surrogacy agency. First, you’ll want to make sure the agency is reputable and has a good track record. You’ll also want to make sure they have a good relationship with the surrogates they work with.

You’ll also want to consider the cost of the agency and what services they include. Some agencies may only cover the medical costs, while also cover travels and other expenses.

Finally, you’ll want to be made comfortable with the agency and the staff. You should feel like you can trust them and that they have your best interests at heart.

What are the surrogacy agency selection criteria?

When you are looking for a surrogacy agency, there are a few key criteria that you should keep in mind. First and foremost, you want to make sure that the agency is reputable and has a good track record. You also want to make sure that they have a good support system in place for both the surrogate and the intended parents. Additionally, you want to make sure that they have a good financial compensation package for the surrogate. Finally, you want to make sure that the agency is in a country that has good surrogacy laws in place.

There are over hundreds of surrogacy agencies in the USA. They range from small ones opened in a home or basement by an ex-surrogate, lawyer owned agencies by attorneys who started off doing legal work for reproductive medicine and now own their own agencies, and numerous other entrepreneurs attracted by the demand.

We feel that the best option is for am Intend Parent to find and work with a licensed surrogacy agency backed by a full-service IVF Centres, with full support physicians in a Reproductive Medicine Practice. The Agency can then medically coordinate watching the surrogate through their pregnancy as well as arrange for the best available Obstetrics and Gynaecology support for the surrogate through the process through baby delivery.

How important is it that the surrogacy agency is licensed, bonded, and insured?

Due to the presence of so many Agencies with varying backgrounds, NYS passed regulation requiring registration of Surrogacy Agencies. At the present time only 28 Agencies throughout the USA have met these extensive requirements and have been licensed.

We are pleased to note that our Agency, DGA Inc, Doing Business as Surrogacy4All.com and IndianEggDonors.com, is fully licensed as a Surrogacy Agency. Thai licensing includes

  •  License by the State of New York
  •  Egg Donor License by the State of NY
  •  Egg Donor License by the State of California
  •  Egg Donor License by the State of Maryland
  •  FDA Registration

New York Law Governing Surrogacy Agencies:

The Child-Parent Security Act

The Child-Parent Security Act (CPSA) is a law in New York State that legalizes gestational surrogacy and provides a simple path to establish legal parental rights for parents who rely on assisted reproductive technology (ART) to have children. The CPSA goes into effect on February 15, 2021.

The CPSA:

  •  Establishes legal criteria for gestational surrogacy agreements that provide the strongest protections in the nation for parents and surrogates, ensuring all parties provide informed consent at every step of the process.
  •  Creates a Surrogates’ Bill of Rights, to ensure the unfettered right of surrogates to make their own healthcare decisions, including whether to terminate or continue a pregnancy, and that surrogates have access to comprehensive health insurance and independent legal counsel of their choosing, all paid for by the intended parents; and
  •  Creates a streamlined process for establishing parenthood when one of the individuals is a non-biological parent


The Act introduces new documentation to amend the birth certificate:

  •  Acknowledgement of Parentage (AoP)
  •  Gestational Surrogacy Agreement
  •  Order of Parentage

Acknowledgment of Parentage (AoP)

The following persons may sign an AoP:

  •  An unmarried person who gave birth to a child and another person who is a genetic parent.
  •  A married or unmarried person who gave birth to the child and another person who is an intended parent of the child, in accordance with the Family Court Act Section 581-303, conceived through assisted reproductive technologies

The AoP is void if the following occur:

  •  A person other than the parties signing the Acknowledgment of Parentage is a presumed parent of the child due to marriage under New York Domestic Relations law.
  •  The child has a legally recognized parent other than the parties signing the Acknowledgment of Parentage due to an assisted reproduction agreement (an agreement with a gamete donor).
  •  A court has already entered a judgment or order determining parentage for the child.
  •  Another person has voluntarily acknowledged parentage for the child.
  •  A person signing the Acknowledgment of Parentage was a donor in an assisted reproduction, and already signed a statement that the donation was not intended to result in parental rights and responsibilities; or
  •  A person signing the Acknowledgment of Parentage asserts that they have parental rights due to an assisted reproduction agreement, but a court finds that the child was not conceived through assisted reproduction.

Filing:

An AoP must be submitted to either:

  •  the birth registrar (or representative) in the hospital where the child is born at the time of birth; or
  •  the local registrar in the registration district where the child was born.
  •  The local registrar will forward the documentation to the State Health Department where the birth certificate will be amended to reflect the information in a valid AoP.

LDSS Acknowledgment of Parentage (PDF) Use this form for adding the non-birth parent’s name under the above-mentioned circumstances

Gestational Surrogacy Agreements

The first step in surrogacy is for the intended parent(s) to select a surrogate. The surrogate and intended parent(s) are screened to make sure they are healthy (both physically and emotionally) and able to participate in the surrogacy process. Once a surrogate is matched with the intended parent(s), the parties work with their separate attorneys to write, review, revise and sign the surrogacy agreement. This happens before the start of any medical procedures (other than screening tests.)

The surrogacy agreement describes the rights and responsibilities of the surrogate and the intended parent(s) and the promises (agreement) the parties are making to one another. New York State law is very specific about the requirements of the agreement (see Family Court Act § 581-403). Surrogacy matching programs and attorneys for the surrogate and intended parent(s) must ensure that all requirements are met under New York State law to ensure the agreement is legally binding and enforceable, and to best protect the interests and rights of all parties to the agreement.

After the surrogacy agreement is signed, an embryo can be transferred into the surrogate through IVF. IVF is a medical procedure where an egg is fertilized with sperm in a laboratory. This creates an embryo that is transferred into the surrogate’s uterus. The surrogate usually takes medication before the embryo is transferred. This makes the IVF procedure more likely to result in a pregnancy.

In New York State, the gestational surrogates 
have a right to the following, to be provided and paid for by the intended parent(s):

  •  the right to comprehensive health insurance coverage.[1] This insurance must cover the surrogate through the entire surrogacy process, from the time the surrogate takes any medications before or after the embryo transfer, throughout the pregnancy, and for 12 months after the pregnancy ends (whether resulting in the child’s birth, stillbirth, or termination of the pregnancy);
  •  a disability insurance policy.
  •  a life insurance policy.
  •  a comprehensive health insurance policy that covers mental health counseling; and
  •  compensation for legal fees.


Surrogates also have the following rights under New York law:

  •  the right to select a health care professional of their own choosing.
  •  the right to terminate or continue the pregnancy.
  •  the right to make health and welfare decisions about themselves and pregnancy, including the right to reduce or retain the number of fetuses or embryos they are carrying.
  •  the right to receive compensation for the surrogacy, which must be held in escrow with an independent escrow agent; and
  •  the right to be provided with a copy of the Surrogate’s Bill of Rights.


The gestational surrogacy agreement is a long document, and includes additional information related to the surrogacy process.

Surrogacy matching programs and attorneys for the surrogate and intended parent(s) must refer to the full legal requirements set forth in New York law, including but not limited to the requirements for a gestational surrogacy agreement, set forth in Family Court Act Article 5-C, Part 4, and the Surrogate’s Bill of Rights, set forth in Family Court Act Article 5-C, Part 6. The above lists are not intended to be exhaustive or serve as legal guidance.

Gestational surrogacy can be costly, and the price range varies. Costs can include legal fees, medical expenses, surrogacy agency fees, surrogate’s compensation (payments to a person acting as surrogate are limited to the duration of the pregnancy and a recuperative period of up to eight weeks after the birth of any child), and other miscellaneous expenses. Many surrogacy arrangements cost between $60,000 and $150,000.

Filing

  •  A gestational surrogacy agreement must be submitted to the birth registrar in the hospital where the child is born prior to or at the time of birth.
  •  The local registrar will forward the documentation to the State Health Department where the birth certificate will be amended to reflect the information in a gestational surrogacy agreement.

Orders of Parentage

A petition for judgment of parentage or non-parentage of a child conceived through assisted reproduction may be initiated in Family Court by:

  •  A child.
  •  A parent.
  •  A participant.
  •  A person with a claim to parentage.
  •  A social service official or other governmental agency authorized by other law; or
  •  A legal representative for the individual who would have otherwise been entitled to bring a petition to establish parentage from a child born through assisted reproduction or pursuant to a gestational surrogacy agreement – but who is deceased, incapacitated, or a minor.

Court Clerk:

Shall submit a notification of an order of parentage to the State Health Department

Filing:

In addition to the notice from the Court Clerk, an Order of Parentage must be submitted:

  •  To the birth registrar in the hospital where the child is born at or prior to or at the time of birth; or
  •  To the local registrar in the registration district where the child is born; or
  •  The local registrar will forward the documentation to the State Health Department where the birth certificate will be amended to reflect the information in the Order of Parentage.

Original Birth Certificate is sealed

The original birth certificate and all other documents relating to the changes will be retained in a sealed file. Only the amended birth certificate will be released upon future requests for a certified birth certificate.

We feel that the best option is working with a licensed surrogacy agency backed by an IVF Centres, with full support physicians in a Reproductive Medicine Practice with a full staff to support the surrogate through the process through baby delivery.

What are the risks of using a surrogacy agency?

There are a few risks to using a surrogacy agency. First, there is always the risk that the agency may not be reputable and may not have your best interests at heart. Additionally, there is the risk that the surrogate may not be properly compensated or may not have a good support system in place. Finally, there is the risk that the surrogacy laws in the country where the agency is located may not be as favourable as you would like.

What are the benefits of using a surrogacy agency?

There are also a few benefits to using a best surrogacy agency in USA. First, they can help to connect you with a reputable surrogate. Additionally, they can help to make sure that the surrogate is properly compensated and has a good support system in place. Finally, they can help to ensure that the surrogacy laws in the country where the agency is located are favourable.

What are the pros and cons of using a surrogacy agency?

There are many things to consider when choosing whether or not to use a surrogacy agency. On one hand, using an agency can provide you with support and resources throughout the surrogacy process. They can also help to match you with potential surrogate mothers and help to coordinate all of the legal and medical aspects of the surrogacy arrangement.

On the other hand, using a surrogacy agency can be expensive, and there is no guarantee that you will be matched with a suitable surrogate. You will also need to be comfortable with the agency handling sensitive personal information and making decisions on your behalf. Ultimately, the decision of whether to use a surrogacy agency is a personal one that you will need to weigh up carefully.